EDWARDS et al. V. LEVEEN - Page 17






           Interference No. 104,290                                                            



           LX-11-73, 917. The prototype was completed approximately one week                   

           prior to June 23, 1993. 1d.                                                         

                      The proximal end of the modified Dormier basket was                      

           fastened to a jumper wire which was plugged into a Bovie@ X-10                      

           electrosurgical unit. LX-1173, T7. Thus, the spring wires                           

           become radio frequency current conductors when the electro                          

           surgical unit is energized. Td.                                                     

                      Based on the above recited facts, and reconciling the                    

           spring 1993 date of paragraph 3 of LX-1173, with the one week                       

           prior to June 23 date of paragraph ý of LX-1173, we credit LeVeen                   

           with a corroborated conception of the subject matter of the count                   

           on June 16, 1993.                                                                   

                      Pursuant to instructions from Dr. LeVeen, Fox performed                  

           the first test of the tissue ablation apparatus. The tests were                     

           conducted in Roams 5005-5007 of the Joint Cardiovascular Research                   

           Laboratories at the University of Nebraska Medical Center.                          

           LX-1173, 16. The first tissue ablation test was an in vitro                         

           test on a freshly explanted pig's liver. The date of the first                      

           test was June 23, 1993. LX-1173, 19. The manager of the lab,                        

           Karen Kilzer, was present at the first test. LX-1173, 9110;                         

           IX-1177, 9[915,6. The test was reported to Dr. LeVeen after it                      



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